THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700


S U M M A R Y


DIARY: November 4, 1999 07:40 AM Thursday; Rod Welch

Called for counsel to assist Bob with a will and power of attorney.

1...Summary/Objective
2...Called to Arrange Counsel for Family Estate Planning
3...Madeline Davis Will Meet with Family Prior to Surgery at 1400
4...Meeting with Bob at Hospital Develops Estate Planning
5...Surgery Delayed to 2100; Results Show Cancer Has Spread

ACTION ITEMS.................. Click here to comment!

1...should happen to Kathleen, he wants Patty to be responsible for

CONTACTS 
0202 - Murphy, McNay, Davis Law Offices     916 446 6462                                                                                                                  O-00000726 0103
020201 - Ms. Madeline Davis, Esq.                                                                                                                                         O-00000726 0103
020202 - mkdavis@m-mlaw.com                                                                                                                                               O-00000726 0103

SUBJECTS
Kathleen and Bob
Rita

0504 -    ..
0505 - Summary/Objective
0506 -
050601 - Follow up ref SDS 17 0000, ref SDS 16 0000.
050602 -
050603 - Hired Madeline Davis to provide estate planning for the family.  She
050604 - visited with the family at the hospital to formalize Bob's wishes in a
050605 - will prior to his surgery scheduled for 1400.  Management of family
050606 - finances was arranged. Meeting for tomorrow on additional issues.
050607 - Surgery delayed until 2130.
050608 -
050609 - Late tonight cancer has spread more than expected. ref SDS 0 4899
050610 -
050611 - Submitted ref DIT 1 0001 linked to this record to help Madeline
050612 - prepare for the meeting tomorrow.  Linked to background on 991102.
050613 - ref SDS 16 2997  Sent copy to Kathleen.
050614 -
050615 -
050616 -
050617 -  ..
0507 -
0508 -
0509 - Progress
0510 -
051001 - Called to Arrange Counsel for Family Estate Planning
051002 -
051003 -
051004 -                Frada Bruton     916 444 8826
051005 -
051006 -
051007 - Left message we need emergency meeting this morning on a will and
051008 - power of attorney per Bob's request last night, ref SDS 17 5110, and
051009 - planning this morning with Patty. ref SDS 18 0002
051010 -
051011 -
051012 -
051013 -
051014 -  ..
0511 -
0512 -
0513 - 0757 Polly McGilary               916 453 1418
0514 -
051401 - Left another message asking to move meeting up to get a will for Bob
051402 - to sign, following up message last night. ref SDS 17 6300
051403 -
051404 - Take all of the documentation for Polly to review, per telecon with
051405 - Patty this morning. ref SDS 18 0002
051406 -
051407 - Ask Polly about working with Legal Center for Elderly and Disabled,
051408 - and plans for filing for medicare. ref SDS 17 4866
051409 -
051410 - Ask about power of attorney and joint signature documents executed
051411 - this morning. ref SDS 18 2966
051412 -
051413 -    [Below, advised of having hired Madeline Davis. ref SDS 0 5933]
051414 -
051415 -
051416 -
0515 -
0516 -
0517 - 0800 Called Dan                916 498 1644
0518 -
051801 - Left message saying Dan's advice on Tuesday to call Rick, ref SDS 16
051802 - 1176, seems to have worked in getting joint signature on the
051803 - retirement account. ref SDS 18 2966   Dan's advice yesterday on the
051804 - hospital admitting Bob also worked. ref SDS 17 3871
051805 -
051806 - Advised that Bob is having surgery at 1400.  He may not make it
051807 - through the surgery.  Last night Bob requested that a Power of
051808 - Attorney be prepared for Kathleen, and that a Will be Prepared
051809 - leaving her all of his assets.
051810 -
051811 -
051812 -  ..
0519 -
0520 -
0521 - 0819 Frada Bruton called back      916 444 8826
0522 -
052201 - Explained understandings about Bob's condition, and his request last
052202 - night to have a power of attorney and will prepared. ref SDS 17 5110
052203 -
052204 - She says someone has to go to the hospital this morning and meeting
052205 - with Bob.
052206 -
052207 - She asked if he is lucid.
052208 -
052209 - I explained his request last night to get his glasses and the sports
052210 - page, so he can read and watch TV. ref SDS 17 0819
052211 -
052212 - Frada has a meeting at 1100 and has to prepare for it.
052213 -
052214 - She said call...
052215 -
052216 -           1.  Madeline Davis      916 446 6462
052217 -
052218 -           2.  Sil Reggiardo       916 441 0131
052219 -
052220 -           3.  Jim Derringer       916 441 0131
052221 -
052222 - Madeline eventually was hired on the will and estate planning issues.
052223 - ref SDS 0 4424
052224 -
052225 -
052226 -
052227 -
0523 -
0524 -
0525 - 0836 called Madeline Davis       916 446 6462
0526 -
052601 - Madeline is not in yet.
052602 -
052603 - Explained to the person who answered what we need, per Frada.
052604 -
052605 - They will try to find Madeline and have her call.
052606 -
052607 -
0527 -
0528 -
0529 - 0842 called Sil Reggiardo       916 441 0131
0530 -
053001 - Asked for Sil or Jim Derringer.
053002 -
053003 - Neither are in the office yet.
053004 -
053005 - Was transferred to Karen, who is Jim Willit's secretary.  Jim also
053006 - does estate work.
053007 -
053008 - Karen said Jim is in a meeting.  She will ask him to call soonest.
053009 -
053010 -
053011 -
053012 -
0531 -
0532 -
0533 - 0850 Jim Willit called back      916 441 0131
0534 -
053401 - He left message while was talking to Kathleen. ref SDS 18 0486
053402 -
053403 -
053404 -
053405 -  ..
053406 - Madeline Davis Will Meet with Family Prior to Surgery at 1400
0535 -
0536 -
0537 - 0853 Madeline Davis called back    916 446 6462
0538 -
053801 - Left message while I was talking to Kathleen. ref SDS 18 0486
053802 -
053803 -
0539 -
0540 -
0541 - 0857 called Madeline Davis back    916 446 6462
0542 -
054201 - Explained background per discussion with Patty last night, ref SDS 17
054202 - 5320, and discussion with Kathleen this morning about preparing joint
054203 - signature accounts, Power of Attorney and a Will, ref SDS 18 0486,
054204 -
054205 - Advised of Bob's request last night that a will and power of attorney
054206 - be prepared. ref SDS 17 5110
054207 -
054208 - I explained the need for counsel to visit Bob in the hospital with his
054209 - wife, Kathleen, and daughter, Patty, to ensure that the will and power
054210 - of attorney are executed in the best interest of the family, so that
054211 - Kathleen can manage finances responsibly in the period ahead.
054212 -
054213 - Madeline said she can take the case.
054214 -
054215 - She will call Kathleen and make arrangements to meet Bob this morning
054216 - at the hospital to get the work done.
054217 -
054218 - She charges $150 per hour.
054219 -
054220 -
054221 -  ..
0543 -
0544 -
0545 - 0942 called Polly McGilary        916 453 1418
0546 -
054601 - Talked to Marve.
054602 -
054603 - Advised we have hired counsel for estate planning, so the tentative
054604 - meeting scheduled yesterday, ref SDS 17 6300, with Polly is not
054605 - necessary.
054606 -
054607 - Asked Marve to thank Polly for the referrals.
054608 -
054609 -
054610 -
054611 -
054612 -
054613 -
054614 -  ..
0547 -
0548 -
0549 - 0951 called Madeline Davis back    916 446 6462
0550 -
055001 - She has talked to Kathleen and is meeting them at the hospital at
055002 - 1100.
055003 -
055004 - Also discussed the medicare issue in the other record. ref SDS 19 4331
055005 -
055006 - Madeline will focus initially on estate planning issues.
055007 -
055008 -
055009 -
055010 -
055011 -  ..
055012 - Meeting with Bob at Hospital Develops Estate Planning
055013 -
0551 -
0552 -
0553 - 1441 called Madeline Davis back    916 446 6462
0554 -
055401 - Madeline visited with the family in Bob's room at Mercy San Juan
055402 - hospital, per planning above. ref SDS 0 4424  She provided counsel on
055403 - accomplishing Bob's wishes to execute a will, per his request
055404 - yesterday. ref SDS 17 5110  Madeline did not visit with Kathleen or
055405 - Patty separately.
055406 -
055407 -   Rita Raley, our cousin, visited the hospital at this time to wish
055408 -   Bob well, and met Madeline. ref SDS 0 5467
055409 -
055410 - Madeline advised, in our discussion this afternoon, that Bob was
055411 - coherent and fully cognizant.  This reflects improvement from the
055412 - report on 991102, ref SDS 16 2528, as a result of treatment at the
055413 - hospital since yesterday.  Madeline noted that Bob decided a general
055414 - power of attorney is not necessary, because he and Kathleen signed a
055415 - document transferring the family retirement account into a joint
055416 - account so that Kathleen can manage family finances during Bob's
055417 - recovery, and assume control in the event he does not recover.
055418 -
055419 - As a result, a power of attorney was not prepared.
055420 - ..
055421 - Madeline observed Bob and Kathleen sign the document.  It was
055422 - faxed to the account manager, Fred.  Madeline will mail the original
055423 - to the firm in Washington state.
055424 -
055425 - A copy of the transmittal should be mailed to Kathleen and Bob.
055426 -
055427 -    [On 991105 Patty reported receiving notice that the joint signature
055428 -    account has been created. ref SDS 21 0961]
055429 - ..
055430 - Madeline prepared a will based on Bob's wishes.  She notarized
055431 - Bob's signature.
055432 -
055433 - Madeline will write a letter to Kathleen and Bob confirming the work
055434 - done today for the family.
055435 -
055436 -     [On 991105 the letter was sent. ref SDS 21 5966]
055437 - ..
055438 - She will call Kathleen this afternoon and leave a message that
055439 - she can meet tomorrow morning at 0900 to review documents on estate
055440 - planning issues.  Madeline is leaving town and rearranged her
055441 - schedule to expedite this meeting, rather than wait until next week,
055442 - when she returns.
055443 -
055444 -     (Below, Kathleen received a message scheduling the meeting
055445 -     tomorrow. ref SDS 0 3127)
055446 -
055447 -     [On 991105 hospital requests family visit with Bob in the morning,
055448 -     so arrangements for meeting are changed. ref SDS 20 9266]
055449 -
055450 - ..
055451 - For elderly law on medicare issue, Madeline suggested calling...
055452 -
055453 -
055454 -                          Trudy Nearn
055455 -                          916 563 7822.
055456 -
055457 -    [Call for Trudy in the other record was not productive; would like
055458 -    Madeline's help facilitating initial contact, so I can visit with
055459 -    Trudy by phone. ref SDS 19 4440]
055460 -
055461 -    [On 991108 hired Peter Bixie. ref SDS 22 7553]
055462 -
055463 - Sent ref DIT 1 0001 linked to this record confirming understandings,
055464 - and the record on 991102. ref SDS 16 2997
055465 -
055466 -
055467 -
055468 -
055469 -
055470 -
055471 -  ..
055472 - Surgery Delayed to 2100; Results Show Cancer Has Spread
055473 -
0555 -
0556 -
0557 - 1532 called Kathleen
0558 -
055801 - Talked to Patty.
055802 -
055803 - Patty said surgery has been delayed again.  They say it will be at
055804 - 1900 now.  Bob is anxious, because he was emotionally set for 1400,
055805 - then 1500.  Kathleen is upset too.  Patty said the surgeon told them
055806 - the delay is caused by scheduling and availability of surgery rooms.
055807 -
055808 - Patty said Madeline was very professional.  Patty felt good about the
055809 - way Madeline handled a difficult situation.
055810 -
055811 - Patty asked my opinion about Madeline's expertise.
055812 -
055813 - I advised that she was recommended another lawyer, but I have no basis
055814 - to form an opinion because I do not know the other lawyer and there is
055815 - no work history with Madeline.  Her willingness to take the initiative
055816 - today is helpful.  Patty's report on Madeline's work is a good sign.
055817 -
055818 - Patty related that at the hospital today, Bob said that if anything
055819 - should happen to Kathleen, he wants Patty to be responsible for
055820 - managing the remaining estate between Patty and Bob's natural
055821 - daughter, Collette.
055822 -
055823 - This will be addressed tomorrow when Kathleen and Patty meet with
055824 - Madeline.
055825 -
055826 -
055827 -
055828 -  ..
0559 -
0560 -
0561 - 1549 received letter from Rita
0562 -
056201 - Received ref DRT 1 0001 from Rita saying she visited Bob and the
056202 - family at the hospital when Madeline was there about 1130 today.
056203 -
056204 -
056205 -  ..
0563 -
0564 -
0565 - 2109 received letter from Rita
0566 -
056601 - Rita sent another letter on a second visit this evening after surgery
056602 - was delayed again.  She left the hospital at about 1900, with
056603 - understanding surgery is set for 2100. ref DRT 2 0001
056604 -
056605 - She says Bob was his usual self -- uncomfortable and impatient with
056606 - waiting.  Wanted "his family with him" and evidently suggested that
056607 - Rita leave. ref DRT 2 0001
056608 -
056609 -
056610 -
056611 -
0567 -
0568 -
0569 - 2115 called Kathleen
0570 -
057001 - She was crying, and said the surgery was delayed again.  Now it is
057002 - supposed to happen at 2130.  The doctors told Patty and her to go home
057003 - because the surgery will take several hours.  They will call this
057004 - evening to report results.  Bob will be in recovery for several hours,
057005 - so the best thing is to visit him tomorrow.
057006 - ..
057007 - They had a message on the answering machine this evening from
057008 - Madeline setting the meeting at 0900 tomorrow.  This reflects planning
057009 - with Madeline above. ref SDS 0 3528
057010 -
057011 - Kathleen is worried about how she can attend the meeting and also
057012 - visit Bob.  She feels they need to be there when he wakes up in the
057013 - morning.  She considered having Patty visit Bob while she goes to the
057014 - meeting with Madeline.
057015 -
057016 - There was discussion, that Bob may not be ready to receive visitors by
057017 - 0900.  They can call the hospital at 0800 and see how he is doing, and
057018 - then decide on scheduling.
057019 -
057020 - If possible Patty should attend the meeting with Madeline and
057021 - Kathleen.  If Bob is up at 0800, they can visit on the phone and say
057022 - they will visit him after 1000, ask if he wants anything, etc.
057023 -
057024 - The meeting with Madeline will likely take at least an hour, so they
057025 - can get to the hospital perhaps by 1030 or 1100.
057026 -
057027 -
057028 -
057029 -  ..
0571 -
0572 -
0573 - 2346 received call from Patty
0574 -
057401 - We have bad news from the surgery.  Patty was very upset.  Surgery
057402 - confirmed pancreatic cancer that is much worse than they expected. It
057403 - has progressed throughout his abdomen, which is why bodily functions
057404 - have ceased the past few weeks, reported on 991025. ref SDS 12 0001
057405 - The surgeon plans to meet with Bob in the morning and explain that
057406 - they estimate he has about 2 months.  They do not feel further
057407 - treatment can help.
057408 -
057409 - The surgeon advised that it is best if she meet with Bob alone
057410 - tomorrow, rather than have family present so Bob can discuss things
057411 - with the doctor privately for awhile and adjust to a difficult
057412 - circumstance.
057413 -
057414 -     [On 991105 surgeon changed this procedure and requested that
057415 -     Kathleen be present. ref SDS 20 8769]
057416 -
057417 -     [Same day surgeon changes procedure again and defers telling Bob
057418 -     about his situation. ref SDS 20 3182]
057419 -
057420 - They will visit Bob in the late morning after the doctor's visit.
057421 -
057422 - Will have to visit with hospital management on arranging to make Bob
057423 - as comfortable as possible.  What level of medication and professional
057424 - care will he need, and how can it be delivered?
057425 -
057426 - Will this be done at home.  Can Kathleen get help?
057427 -
057428 - There may be a counselor who helps families make arrangements.
057429 -
057430 -    [On 991105 shortly after midnight, Patty was called to the hospital
057431 -    to stay with Bob through the night because he removed the IVs due
057432 -    to a bad dream after surgery. ref SDS 20 8769]
057433 -
057434 -    [On 991109 Patty submits alternate treatment method. ref SDS 23
057435 -    0001]
057436 -
057437 -    [On 991110 Doctor Fogelberg encourages families to investigate
057438 -    alternate treatment methods. ref SDS 24 1023]
057439 -
057440 -    [On 991111 Patty plans to discuss carbon blanket treatment with her
057441 -    Dad, to develop case study evidence supporting a theory to cure
057442 -    cancer. ref SDS 25 3196]
057443 -
057444 -
057445 -
057446 -
057447 -
057448 -
057449 -
057450 -
057451 -
057452 -
057453 -
057454 -
057455 -
057456 -
057457 -